In principle, we support an enforcement mechanism for World Assembly law such as the one described by this proposal.

However, we insist as a condition of our support that any fine or economic sanction imposed by this proposal be proportionate to the nature of the violation, even if a proportionate fine or sanction is insufficient to induce compliance. This is a necessary condition for punishment to be legitimate. For example, a member state may not execute petty thieves because execution as a penalty is grossly disproportionate to the crime of petty theft. This prohibition holds even in cases where a thief's rate of recidivism is extremely high.

Accordingly, the following clause:

Coordinate with the WA General Accounting Office (GAO) to assess and levy a fine and schedule calculated proportionately to the violation but in no case less than what will reasonably coerce compliance from member states.

must be changed to:

Coordinate with the WA General Accounting Office (GAO) to assess and levy a fine and schedule calculated to reasonably coerce compliance from member states but in no case disproportionate to the violation.

Moreover, the following clause:

Member states are obligated to enforce the strongest measures of economic sanction available against those member states which refuse to pay IAO fines, subject to the limitations of extant law.

must be changed to:

Member states are obligated to enforce measures of economic sanction available against those member states which refuse to pay IAO fines, calculated proportionately to the violation of World Assembly law for which the fine was imposed but in no case disproportionate to the violation, subject to the limitations of extant law.

We also insist as a condition of our support that there be a right of appeal of a fine imposed by the Independent Adjudicative Office to another World Assembly body.

Martin RussellChief Ambassador, Auralian Mission to the World Assembly

Last edited by Auralia on Sat Dec 02, 2017 8:12 pm, edited 2 times in total.

We note further that, should this proposal become World Assembly law, Auralia does not recognize the authority of the IAO to levy fines for non-compliance with World Assembly resolutions that violate the moral law.

This declaration is pursuant to the reservation filed by Auralia upon joining the World Assembly, in which we stated our understanding that the object and purpose of the World Assembly is not to compel member states to enact unjust laws, and that accordingly we may validly declare that our membership does not entail any obligation to comply with World Assembly resolutions that require defiance of the moral law or prevent the execution of moral obligations.

Martin RussellChief Ambassador, Auralian Mission to the World Assembly

Last edited by Auralia on Sat Dec 02, 2017 8:14 pm, edited 1 time in total.

Auralia wrote:We note further that, should this proposal become World Assembly law, Auralia does not recognize the authority of the IAO to levy fines for non-compliance with World Assembly resolutions that violate the moral law.

This declaration is pursuant to the reservation filed by Auralia upon joining the World Assembly, in which we stated our understanding that the object and purpose of the World Assembly is not to compel member states to enact unjust laws, and that accordingly we may validly declare that our membership does not entail any obligation to comply with World Assembly resolutions that require defiance of the moral law or prevent the execution of moral obligations.

Martin RussellChief Ambassador, Auralian Mission to the World Assembly

United Massachusetts concurs with this note. Its non-compliance with morally repugnant legislation will not be challenged.

"The C.D.S.P. does not recognize the concept of 'morality'. Further, we recognize that obeying this demand - for it is nothing less than a demand - would gut this legislation. Were we to cede to these demands, there would be no reason to continue. The C.D.S.P. rarely engages in pointless activity."

Separatist Peoples wrote:"The C.D.S.P. does not recognize the concept of 'morality'. Further, we recognize that obeying this demand - for it is nothing less than a demand - would gut this legislation. Were we to cede to these demands, there would be no reason to continue. The C.D.S.P. rarely engages in pointless activity."

I don't see how proportionality in IAO punishments "guts" this legislation any more than proportionality in member state punishments "guts" the criminal justice system in those nations. A proportionate punishment will often have the effect of inducing compliance with the law. However, it is necessary to accept this is not always the case, and it is not permissible to inflict an unjust punishment simply to accomplish that goal of compliance. The ends simply do not justify the means.

Martin RussellChief Ambassador, Auralian Mission to the World Assembly

Separatist Peoples wrote:"The C.D.S.P. does not recognize the concept of 'morality'. Further, we recognize that obeying this demand - for it is nothing less than a demand - would gut this legislation. Were we to cede to these demands, there would be no reason to continue. The C.D.S.P. rarely engages in pointless activity."

I don't see how proportionality in IAO punishments "guts" this legislation any more than proportionality in member state punishments "guts" the criminal justice system in those nations. A proportionate punishment will often have the effect of inducing compliance with the law. However, it is necessary to accept this is not always the case, and it is not permissible to inflict an unjust punishment simply to accomplish that goal of compliance. The ends simply do not justify the means.

Martin RussellChief Ambassador, Auralian Mission to the World Assembly

Neville: The rationale behind a punishment is to prevent recidivism. A punishment that fails to accomplish that goal fails as a punishment, and thus a harsher punishment must be dealt. I'm not saying "KILL ALL PETTY CRIMINALS!", but I am saying that punishments need to be harsh if an individual is likely to reoffend. It's true that rehabilitative justice can complement punitive action, but that's apparently too "soft" and "socialist" for some member states.

Auralia wrote:I don't see how proportionality in IAO punishments "guts" this legislation any more than proportionality in member state punishments "guts" the criminal justice system in those nations. A proportionate punishment will often have the effect of inducing compliance with the law. However, it is necessary to accept this is not always the case, and it is not permissible to inflict an unjust punishment simply to accomplish that goal of compliance. The ends simply do not justify the means.

Martin RussellChief Ambassador, Auralian Mission to the World Assembly

Neville: The rationale behind a punishment is to prevent recidivism. A punishment that fails to accomplish that goal fails as a punishment, and thus a harsher punishment must be dealt. I'm not saying "KILL ALL PETTY CRIMINALS!", but I am saying that punishments need to be harsh if an individual is likely to reoffend. It's true that rehabilitative justice can complement punitive action, but that's apparently too "soft" and "socialist" for some member states.

Actually, the primary purpose of punishment is retribution, not rehabilitation. It is contrary to basic principles of justice to apply a punishment disproportionate to the crime, even if the criminal is likely to reoffend.

Martin RussellChief Ambassador, Auralian Mission to the World Assembly

Auralia wrote:I don't see how proportionality in IAO punishments "guts" this legislation any more than proportionality in member state punishments "guts" the criminal justice system in those nations. A proportionate punishment will often have the effect of inducing compliance with the law. However, it is necessary to accept this is not always the case, and it is not permissible to inflict an unjust punishment simply to accomplish that goal of compliance. The ends simply do not justify the means.

Martin RussellChief Ambassador, Auralian Mission to the World Assembly

Neville: The rationale behind a punishment is to prevent recidivism. A punishment that fails to accomplish that goal fails as a punishment, and thus a harsher punishment must be dealt. I'm not saying "KILL ALL PETTY CRIMINALS!", but I am saying that punishments need to be harsh if an individual is likely to reoffend. It's true that rehabilitative justice can complement punitive action, but that's apparently too "soft" and "socialist" for some member states.

"Disproportionate punishments can also fail to prevent recidivism. A company that stands to make tens of millions from fraud is not going to be dissuaded by a ten thousand dollar fine. Proportionate punishment is necessary not only to ensure that punishments are not maliciously excessive, but also to ensure they are not so inadequate that they fail to have an effect.

Additionally there is nothing socialist about rehabilitation. It happens to be the cheapest means of reducing crime, allowing the state to keep more Francs in the hands of those who earned them."

Last edited by Aclion on Sun Dec 03, 2017 5:24 pm, edited 1 time in total.

Teran Saber: "Unfortunately, due to the risk of legislation being passed that could potentially dismantle certain nations, we have decided to oppose this proposal. You may remember that there were a few proposals that would have heavily restricted space flight or banned colonies on other planets, which would have adversely affected nations that consist of multiple planets. If such a proposal ever passes, it would be impossible for such nations to comply."

"For a mind so determined to reach the sky, on the wings of a dream!" - Sanctity, Zeppo

The Greater Siriusian Domain wrote:Teran Saber: "Unfortunately, due to the risk of legislation being passed that could potentially dismantle certain nations, we have decided to oppose this proposal. You may remember that there were a few proposals that would have heavily restricted space flight or banned colonies on other planets, which would have adversely affected nations that consist of multiple planets. If such a proposal ever passes, it would be impossible for such nations to comply."

"That's what repeals are for. You'll note that the fines consider ability to comply."

The Greater Siriusian Domain wrote:Teran Saber: "Unfortunately, due to the risk of legislation being passed that could potentially dismantle certain nations, we have decided to oppose this proposal. You may remember that there were a few proposals that would have heavily restricted space flight or banned colonies on other planets, which would have adversely affected nations that consist of multiple planets. If such a proposal ever passes, it would be impossible for such nations to comply."

"That's what repeals are for. You'll note that the fines consider ability to comply."

Teran Saber: "That eases my concerns."

"For a mind so determined to reach the sky, on the wings of a dream!" - Sanctity, Zeppo